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Following is a question by the Hon Lau Kong-wah, and a written reply by the Secretary for Security, Mr Ambrose S K Lee, in the Legislative Council today (November 26):

Question:

It is learnt that there is an upward trend in recent years in the number of cases in which Mainland women overstayed in Hong Kong after entering the territory on Exit-entry Permit for Travelling to Hong Kong and Macao (commonly known as "two-way exit permits"), and gave birth during the overstaying period. In this connection, will the Government inform this Council:

(a) of the measures to curb this trend; whether actions will be stepped up to arrest and repatriate pregnant Mainland women overstaying in Hong Kong;

(b) whether childbirth by Mainland women in Hong Kong has put a strain on manpower and other resources in public hospitals; and

(c) whether it knows if the relevant Mainland authorities have stipulated that two-way exit permits should not be issued to women whose pregnancy has reached a certain number of weeks; whether it will discuss with the relevant Mainland authorities so that they will be more prudent in vetting and approving applications for two-way exit permits from pregnant women?

Reply:

Madam President,

(a) The number of Mainland women who overstayed after entering Hong Kong on Exit-entry Permit for Travelling to Hong Kong and Macao, and gave birth during the overstaying period has mildly risen in recent years, from 6 442 in 2000 to 7 300 last year. The figure in the first ten months of this year was 6 462, representing an increase of 9.6 per cent over the same period last year. It accounted for 16.5 per cent of babies born in Hong Kong during that period.

About 84 per cent of the spouses of the women mentioned above are Hong Kong residents. Children of Hong Kong residents may apply to settle in Hong Kong in accordance with the law even though they are born in the Mainland. In the light of the prevailing birth rates, the birth of these babies in Hong Kong should not pose pressure on our population and social services facilities. As regards Mainland women who overstayed and gave birth during the overstaying period, they will be repatriated to the Mainland afterwards.

Article 22 of the Basic Law provides that people from other parts of China must apply for approval for entry into the Hong Kong Special Administrative Region. Having obtained approval from the Mainland authorities and subject to normal immigration requirements, Mainland residents holding valid travel document and relevant visit permit may stay in Hong Kong as visitors, but they must leave before their limit of stay expires. Hong Kong's enforcement agencies will arrest, prosecute and repatriate all overstayers including pregnant women in accordance with established policy. The SAR Government does not, at this stage, see the need to take targeted measures against pregnant women.

(b) The number of childbirths by Mainland women in Hospital Authority (HA) hospitals has been relatively steady in recent years. There were 7 885 such cases in 2000, 7 377 in 2001, 8 235 in 2002 and 4 214 in the first six months of 2003. Owing to the decline in the overall childbirth rate in Hong Kong, we have actually observed a decline in the total number of childbirths in HA hospitals during the same period. Therefore, the obstetric service of public hospitals has been able to cope with this workload.

(c) Under existing arrangements, Mainland residents who wish to visit Hong Kong must apply to Exit-entry Administration Department of Public Security authorities at their place of household registration for an Exit-entry Permit for Travelling to Hong Kong and Macao and a relevant visit endorsement. We understand that whether or not the applicant is pregnant is not a relevant consideration when Mainland authorities examine such an application. As pregnancy per se is not against any existing regulations, the Government has no intention at this stage to request Mainland authorities to tighten the examination and approval of applications by Mainland pregnant women to visit Hong Kong.

Ends/Wednesday, November 26, 2003

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